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  • David Lindsey and James Hosking explain why the US Supreme Court may have opened the door for parties to obtain discovery from US courts in aid of international arbitration
  • There are four distinct laws governing debtor rehabilitation and bankruptcy in Korea: the Corporate Reorganization Act; the Composition Act; the Bankruptcy Act and the Individual Debtor Rehabilitation Act. In an effort to overhaul the insolvency system, the Korean government has enacted the Debtor Rehabilitation and Bankruptcy Act (the DRBA), which will take effect in April 2006.
  • In the wake of the hostile takeover of Nippon Broadcasting System by Livedoor, many Japanese companies are starting to adopt defensive measures to ward off unwanted suitors.
  • In implementing the EU Collateral Directive, France has extended netting possibilities and provided an exception to the general French requirement for a court order or auction when selling a pledged asset. By Pierre Lastenouse
  • The Reserve Bank of India (RBI) issued a notification on April 25 2005, granting permission to foreign insurance companies to set up liaison offices in India. However, the activities of these liaison offices are subject to the approval of the Insurance Regulatory and Development Authority of India (IRDA).
  • Under the WTO concessions, notional majority ownership is possible only in the insurance industry. In fund management, securities and commercial banking, foreign strategic investors in an onshore financial services company need to think harder about the risks and rewards of a notional minority position.
  • Korea's new insolvency law gives financial institutions the certainty they need in their secured lending transactions to close out positions with defaulting counterparties and enforce rights to collateral. By Andrew Crooke
  • Defence lawyers have hailed the Supreme Court's ruling in Dura Pharmaceuticals for restricting securities fraud litigation. William Sullivan and Tracey DeLange, counsel to Dura, argue that the ruling is also good for the economy
  • To meet the deadline for transposition of the EU Prospectus Directive, legislation aiming to implement the Directive into the 1995 Act on the Supervision of the Securities Trade (Wte 1995) was submitted to Dutch parliament in March 2005. A consultation document describing the necessary amendments to the 1995 Decree on the Supervision of the Securities Trade (Bte 1995) has also been published and a similar document for the Exemption Regulation relating to the Wte 1995 is expected shortly.
  • The Netherlands has published plans to implement the EU Takeover Directive and controversially dismantle some of the defences traditionally available to Dutch companies. By Hugo Oppelaar and Alexander Kaarls